As artificial intelligence (AI) continues to spread, its reach into the workplace is becoming increasingly common. From automating routine tasks to enhancing decision-making processes, AI can offer many benefits. However, its use also raises several legal and ethical considerations that employers must address.

Employers should be aware of the potential legal implications surrounding data privacy. AI systems often rely on large amounts of data, some of which may be personal or sensitive. Employers must ensure that any AI tools used in the workplace comply with data protection regulations, such as the General Data Protection Regulation (GDPR) in the EU and the Data Protection Act 2018 in the UK. This includes obtaining necessary consents for data processing and ensuring appropriate safeguards are in place to protect data.

Issues related to employment law may arise. The use of AI could lead to job displacement or changes in job roles, which may require retraining or redeployment of staff. Employers should consider how to manage these transitions and ensure they comply with employment laws regarding redundancy and unfair dismissal.

In decision-making processes – particularly in areas such as recruitment or performance evaluations, there can be concerns about discrimination. Systems can inadvertently perpetuate biases present in their training data, leading to potentially discriminatory outcomes. Employers must ensure that the use of technology does not result in unfair treatment or discrimination against any employees or job applicants.

Moreover, the use of AI in the workplace can have implications for intellectual property rights. Employers should consider who owns the rights to any AI-generated work and ensure that this is clearly defined in employment contracts.

Finally, employers should consider the ethical implications of using AI. This includes considering the impact on employees’ rights to privacy, particularly where AI is used for monitoring or surveillance purposes. Employers should strive to strike a balance between leveraging the benefits of AI and respecting employees’ rights.

While AI can bring significant benefits to the workplace, its use also presents a range of legal and ethical challenges. Employers should take a proactive approach in understanding these issues and seek legal advice where necessary. By doing so, they can harness the power of AI in a way that is legally compliant, ethical, and beneficial for both the organisation and its employees.

Policies

Addressing employee concerns can be effectively done through transparent communication about the correct application of AI in the workplace, proper supervision, monitoring individual performance, and sound judgement.

The survey by Prospect revealed that almost half of the workers, feel they wouldn’t be part of the decision-making process when it comes to introducing new technology at work. However, this doesn’t have to be the reality. Employers have the option to involve their employees in meaningful conversations about the advantages of AI for the business, and in testing new technological systems to determine the best way to integrate them into existing business operations.

Updating existing IT policies to include references to AI technology, or creating a separate policy, can help employers offer clear guidelines. This ensures that employees are fully aware of the benefits, potential risks, and the possible consequences (including potential disciplinary measures) that could arise from misuse.

27th July 2023

 

FREE first advice

Have you ever wanted to just ask an expert employment law solicitor if they can help you, without worrying about what it may cost to contact them?

Get in touch

We’d like to talk to you to see what we can do to help, so please either call us anytime for free on 08000 614 631, email us or use the form below.

Together we can work out what your next steps might be...in confidence, at no cost and with no obligation.

SIGN UP TO RECEIVE UP TO THE MINUTE EMPLOYMENT LAW AND HR NEWS STRAIGHT TO YOUR INBOX

* indicates required
McCabe and Co Solicitors will use the information you provide on this form to be in touch with you and to provide updates and marketing. Please let us know all the ways you would like to hear from us:
You can change your mind at any time by clicking the unsubscribe link in the footer of any email you receive from us, or by contacting us at philip@mccabeandco.com. We will treat your information with respect. For more information about our privacy practices please visit our website. By clicking below, you agree that we may process your information in accordance with these terms.
We use Mailchimp as our marketing platform. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp's privacy practices here.